Retroactive Application of Florida PIP Statute: Not in This Case.

  

   Retroactivity of a statute which has the effect of regulating a policy of insurance, has been held to be marked by the statutes in effect at the time the policy was issued, rather than by the statutes in effect on the date that the lawsuit was filed or on the date of the accident.  Menendez v. Progressive Express Insurance Co., Download Menendez v. Progressive Express Insurance Co. (Fla. Case No. SC08.789, Revised Opinion Filed April 22, 2010), also published as 2010 WL 1609785 *2 (Fla. April 22, 2010; Westlaw subscription required to access Westlaw)(so holding regarding retroactivity of Florida's Personal Injury Protection Statute's requirement of a certain form of notice).

Please Read The Disclaimer.